A. Consent to the authorization for the installation and use of a monitoring device may be given only by the patient or the surrogate.
B. Consent to the authorization for the installation and use of a monitoring device shall include a release of liability for the facility for a violation of the patient's right to privacy insofar as the use of the monitoring device is concerned.
C. A patient or the surrogate may reverse a choice to have or not have a monitoring device installed and used at any time, after notice to the facility and to the program upon a form prescribed by the agency.
History: Laws 2004, ch. 53, ยง 5.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Article 26 - Patient Care Monitoring Act
Section 24-26-1 - Short title.
Section 24-26-2 - Definitions.
Section 24-26-3 - Monitoring device; authorization and use.
Section 24-26-4 - Monitoring device option; installation; accommodation by facility.
Section 24-26-5 - Consent; waiver.
Section 24-26-6 - Authorization form; contents.
Section 24-26-7 - Immunity; unauthorized use.
Section 24-26-8 - Notice to current patients.